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The court heard a habeas corpus petition filed by a woman, who said her same-sex partner was forcibly taken away by her parents and other people after the prisoner filed a complaint against his family on September 30, 2024.
The court allowed the habeas corpus petition and directed the local SHO to escort the detainee safely to the petitioner’s residence. (Image courtesy of Getty)
The Andhra Pradesh High Court, affirming that social or family pressures do not bar constitutional rights, said that a woman who has attained majority cannot be prevented by her family members from cohabiting with her same-sex partner.
A division bench of Justice R Raghunandan Rao and Justice Maheshwara Kuncheam also affirmed that an elderly woman is free to make her own decisions, including choosing to live with a same-sex partner.
The court heard a habeas corpus petition, filed by the petitioner, that his same-sex partner was forcibly taken away by his parents and other people after the prisoner filed a claim against his family on September 30, 2024. The petitioner, represented by advocate Jada Sravan Kumar, alleged that the prisoner’s family had illegally detained him. and prevents him from making a decision. where and with whom he wished to live.
The court, on 9 December 2024, ordered the defendants to produce the prisoner before it. During the trial on December 17, he was brought into court. The bench contacted him in the chambers, where he clearly stated his desire to go with the applicant and his intention not to pursue any criminal complaints against his family.
The court ruled: “Due to the fact that the detenu is the head and is free to make decisions about his life, parents or other family members cannot prevent him from making decisions about his life.”
Acknowledging his independence, the court allowed the habeas corpus petition and ordered the local SHO to escort the detainee safely to the petitioner’s residence.
Additionally, the court ordered: “No criminal action should be taken against the detenu’s parents or the detenu’s family members in respect of any act they are accused of in relation to this case, till today.”
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